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  H.B. No. 2417
 
 
 
 
AN ACT
  relating to the Texas Code of Military Justice.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 432.001, Government Code, is amended to
  read as follows:
         Sec. 432.001.  DEFINITIONS. In this chapter:
               (1)  "Accuser" means a person who signs and swears to
  charges, who directs that charges nominally be signed and sworn to
  by another, or who has an interest other than an official interest
  in the prosecution of the accused.
               (2)  "Active state duty" means duty authorized under
  the constitution and laws of the state and all training authorized
  under Title 32, United States Code.
               (3)  "Commanding officer" includes commissioned
  officers and warrant officers of the state military forces who
  either have been appointed to command by a superior authority or
  have lawfully assumed command[, as applicable].
               (4)  "Convening authority" includes, in addition to the
  person who convened the court, a commissioned officer commanding
  temporarily, or a successor in command.
               (5)  "Day" means a calendar day and is not synonymous
  with unit training assembly or any other accounting for training.  A
  punishment authorized under this chapter that is measured in terms
  of days means calendar days.
               (6)  "Duty" means any presence or performance of any
  service with or on behalf of the state military forces.
               (7) [(5)]  "Enlisted member" means a person in an
  enlisted grade.
               (8) [(6)]  "Grade" means a step or degree, in a
  graduated scale of office or military rank, that is established and
  designated as a grade by law or regulation.
               (9) [(7)]  "Judge advocate" means a commissioned
  officer appointed to serve as a judge advocate by the adjutant
  general under Section 432.005(b).
               (10) [(8)]  "Legal officer" means a commissioned
  officer of the state military forces designated to perform legal
  duties for a command.
               (11) [(9)]  "Military" refers to all or part of the
  state military forces.
               (12) [(10)]  "Military court" means a court-martial,
  court of inquiry, military commission, or provost court.
               (13) [(11)]  "Military judge" means an official of a
  court-martial detailed in accordance with Section 432.045.
               (14) [(12)]  "Officer" means a commissioned or warrant
  officer of the state military forces.
               (15) [(13)]  "Officer candidate" means a candidate
  [cadet] of the state officer candidate school.
               (16) [(14)]  "Rank" means the order of precedence among
  members of the state military forces.
               (17) [(15)]  "State judge advocate general" means the
  judge advocate general of the state military forces, commissioned
  in those forces, and responsible for supervising the administration
  of military justice in the state military forces, and performing
  other legal duties required by the adjutant general.
               (18) [(16)]  "State military forces" means the
  National Guard of this state, as defined in Title 32, United States
  Code [32 U.S.C. Sections 101(3), (4) and (6)], and other militia or
  military forces organized under the laws of this state.
               (19) [(17)]  "Superior commissioned officer" means a
  commissioned officer superior in rank or command.
         SECTION 2.  Section 432.002, Government Code, is amended to
  read as follows:
         Sec. 432.002.  PERSONS SUBJECT TO CHAPTER. This chapter
  applies to all members of the state military forces who are not in
  federal service under Title 10, United States Code.
         SECTION 3.  Subchapters B and C, Chapter 432, Government
  Code, are amended to read as follows:
  SUBCHAPTER B. APPREHENSION AND RESTRAINT; NONJUDICIAL PUNISHMENT
         Sec. 432.008 [432.011].  APPREHENSION. (a) In this
  subchapter, "apprehend" means to take a person into custody.
         (b)  A person authorized by this chapter or by regulations
  issued under it to apprehend a person subject to this chapter, a
  marshal of a court-martial appointed under this chapter, and a
  peace officer having authority to apprehend offenders under the
  laws of the United States or of a state, may do so on reasonable
  belief that an offense has been committed and that the person
  apprehended committed it.
         (c)  Commissioned officers, warrant officers, and
  noncommissioned officers may quell quarrels, frays, and disorders
  among persons subject to this chapter and apprehend persons subject
  to this chapter who take part in those activities.
         Sec. 432.009 [432.012].  APPREHENSION OF DESERTERS. A civil
  officer or peace officer having authority to apprehend offenders
  under the laws of the United States or a state, territory,
  commonwealth, or possession, or the District of Columbia, may
  summarily apprehend a deserter from the state military forces and
  deliver the deserter into the custody of the state military forces.
         Sec. 432.010 [432.013].  IMPOSITION OF RESTRAINT. (a) In
  this subchapter:
               (1)  "Arrest" means the restraint of a person by an
  order, not imposed as a punishment for an offense, directing the
  person to remain within certain specified limits.
               (2)  "Confinement" means the physical restraint of a
  person.
         (b)  An enlisted member may be ordered into arrest or
  confinement by a commissioned officer by an oral or written order
  delivered in person, through other persons subject to this chapter,
  or through a person authorized by this chapter to apprehend
  persons. A commanding officer may authorize warrant officers or
  noncommissioned officers to order enlisted members of the officer's 
  [his] company or subject to the officer's [his] authority into
  arrest or confinement.
         (c)  A commissioned officer or warrant officer may be ordered
  apprehended or into arrest or confinement only by a commanding
  officer to whose authority the person [he] is subject, by an oral or
  written order delivered in person or by another commissioned
  officer. The authority to order such persons apprehended or into
  arrest or confinement may not be delegated.
         (d)  A person may not be ordered apprehended or into arrest
  or confinement except for probable cause.
         (e)  This section does not limit the authority of persons
  authorized to apprehend offenders to secure the custody of an
  alleged offender until the proper authority may be notified.
         Sec. 432.011 [432.014].  RESTRAINT OF PERSONS CHARGED WITH
  OFFENSES. A person subject to this chapter charged with an offense
  under this chapter shall be ordered into arrest or confinement, as
  circumstances may require, but if charged with only an offense
  normally tried by a summary court-martial, the person may not
  ordinarily be placed in confinement. If a person subject to this
  chapter is placed in arrest or confinement before trial, immediate
  steps shall be taken to inform the person [him] of the specific
  wrong of which the person [he] is accused and to try the person
  [him] or to dismiss the charges and release the person [him]. A
  person confined other than in a guardhouse, whether before, during,
  or after trial by a military court, shall be confined in a civilian
  [civil] jail.
         Sec. 432.012 [432.015].  REPORTS AND RECEIVING OF
  PRISONERS. (a) A provost marshal, commander of a guard, master at
  arms, warden, keeper, or officer of a city or county jail or any
  other jail designated under Section 432.011 [432.014] may not
  refuse to receive or keep a prisoner committed to the person's [his]
  charge, when the committing person furnishes a statement, signed by
  the committing person [him], of the offense charged against the
  prisoner.
         (b)  A commander of a guard, master at arms, warden, keeper,
  or officer of a city or county jail or of any other jail designated
  under Section 432.011 [432.014] to whose charge a prisoner is
  committed shall, within 24 hours after that commitment or as soon as
  the person [he] is relieved from guard, report to the commanding
  officer of the prisoner the name of the prisoner, the offense
  charged against the prisoner [him], and the name of the person who
  ordered or authorized the commitment.
         Sec. 432.013 [432.016].  PUNISHMENT PROHIBITED BEFORE
  TRIAL. Subject to Section 432.093, a person, while being held for
  trial or the result of trial, may not be subjected to punishment or
  penalty other than arrest or confinement on the charges pending
  against the person, nor may the arrest or confinement imposed on the
  person be more rigorous than the circumstances require to ensure
  the person's presence, but the person may be subjected to minor
  punishment during that period for infractions of discipline.
         Sec. 432.014 [432.017].  DELIVERY OF OFFENDERS TO CIVIL
  AUTHORITIES. (a) Under regulations prescribed under this chapter
  a person subject to this chapter who is on active state duty and who
  is accused of an offense against civil authority may be delivered,
  on request, to the civil authority for trial.
         (b)  If delivery under this section is made to a civil
  authority of a person undergoing sentence of a court-martial, the
  delivery, if followed by conviction in a civil tribunal, interrupts
  the execution of the sentence of the court-martial, and the
  offender, after having answered to the civil authorities for the
  offense, on the request of competent military authority, shall be
  returned to military custody for the completion of the sentence.
  [SUBCHAPTER C. NONJUDICIAL PUNISHMENT]
         Sec. 432.015 [432.021].  COMMANDING OFFICER'S NONJUDICIAL
  PUNISHMENT. (a) Under regulations as [that the governor] may be
  prescribed, any commanding officer may impose disciplinary
  punishments for minor offenses without the intervention of a
  court-martial in accordance with this subchapter. There is no
  right to trial by court-martial in lieu of nonjudicial punishment
  imposed under this section. Only the governor, the adjutant
  general, or an officer of a general or flag rank in command may
  delegate the powers under this section to a principal assistant who
  is a member of the state military forces.
         (b)  Any accused person who is facing discipline under this
  section [prescribe, limitations may be placed on the powers granted
  by this section with respect to the kind and amount of punishment
  authorized, the categories of commanding officers and warrant
  officers exercising command authorized to exercise those powers,
  the applicability of this section to an accused who demands trial by
  court-martial, and the kinds of courts-martial to which the case
  may be referred on such a demand. However, except in the case of a
  member attached to or embarked in a vessel, punishment may not be
  imposed on a member of the state military forces under this section
  if the member, before the imposition of the punishment, has
  demanded trial by court-martial in lieu of the punishment. Under
  similar regulations, rules may be prescribed with respect to the
  suspension of punishments authorized by this section. If
  authorized by regulations of the governor, the governor or an
  officer of general rank in command may delegate the governor's or
  officer's powers under this section to a principal assistant. If
  disciplinary punishment other than admonition or reprimand is to be
  imposed, the accused] shall be afforded the opportunity to be
  represented by defense counsel having the qualifications
  prescribed under Section 432.046(b), if such a counsel is
  reasonably available. Otherwise, the accused shall be afforded the
  opportunity to be represented by any available commissioned officer
  of the accused's [his] choice. The accused may also be represented
  by [employ] civilian counsel [of his own choosing] at no [his own]
  expense to the state. In all proceedings, the accused is allowed
  three duty days, or longer on written justification, to reply to the
  notification of intent to impose punishment under this section.
         (c)  Any [(b) Subject to Subsection (a), a] commanding
  officer may[, in addition to or in lieu of admonition or reprimand,]
  impose on enlisted members in the officer's [one or more of the
  following disciplinary punishments for minor offenses without the
  intervention of a court-martial:
               [(1)  on officers of his] command:
               (1)  a reprimand;
               (2)  [(A)     restriction to certain specified limits
  with or without suspension from duty, for not more than 30 days; or
                     [(B)     if imposed by the governor, or an officer of
  general rank in command:
                           [(i)     arrest in quarters for not more than 30
  days;
                           [(ii)     forfeiture of not more than half of
  one month's pay a month for two months or] a fine equal to an amount
  that is [of] not more than seven days' pay [$75]; and
               (3)  a reduction to the next inferior pay grade.
         (d)  Any [(iii)     restriction to certain specified limits,
  with or without suspension from duty, for not more than 60 days; or
                           [(iv)     detention of not more than half of one
  month's pay a month for three months; and
               [(2)  on other personnel of his command:
                     [(A)     if imposed on a person attached to or
  embarked in a vessel, confinement for not more than three days;
                     [(B)     correctional custody for not more than seven
  days;
                     [(C)     forfeiture of not more than seven days' pay
  or a fine of not more than $50;
                     [(D)     reduction of not more than two pay grades,
  if imposed by a] commanding officer of the grade of O-4 [colonel] or
  above may impose on enlisted members in the officer's command:
               (1)  a reprimand;
               (2)  [, or reduction of not more than one pay grade, if
  imposed by a commanding officer of a grade lower than colonel;
                     [(E)     extra duties including fatigue or other
  duties, for not more than 30 days, which need not be consecutive,
  and for not more than two hours a day, holidays included;
                     [(F)     restriction to certain specified limits,
  with or without suspension from duty for not more than 14 days;
                     [(G)  detention of not more than 14 days' pay; or
                     [(H)     if imposed by an officer of the grade of
  major or above:
                           [(i)     the punishment authorized under
  Subsection (b)(2)(A);
                           [(ii)     correctional custody for not more
  than 30 days;
                           [(iii)     forfeiture of not more than half of
  one month's pay a month for two months or] a fine equal to an amount
  that is [of] not more than one month's pay [$100]; and
               (3)  a [(iv)]  reduction to the lowest or any
  intermediate pay grade, [if the grade from which demoted is within
  the promotion authority of the officer imposing the reduction or an
  officer subordinate to the one who imposes the reduction,] but an
  enlisted member in a pay grade above E-4 may not be reduced more
  than two pay grades[;
                           [(v)     extra duties, including fatigue or
  other duties, for not more than 45 days which need not be
  consecutive and for not more than two hours a day, holidays
  included;
                           [(vi)     restriction to certain specified
  limits with or without suspension from duty, for not more than 60
  days; or
                           [(vii)     detention of not more than half of
  one month's pay a month for three months.
         [(c)     Detention of pay shall be for a stated period of not
  more than one year, but if the offender's term of service expires
  earlier, the detention shall terminate on that expiration. No two
  or more of the punishments of arrest in quarters, correctional
  custody, extra duties, and restriction may be combined to run
  consecutively in the maximum amount imposable for each. If any of
  those punishments are combined to run consecutively, there must be
  an apportionment. In addition, fine or forfeiture of pay may not be
  combined with detention of pay without an apportionment. For the
  purposes of this section "correctional custody" means the physical
  restraint of a person during duty or nonduty hours and may include
  extra duties, fatigue duties, or hard labor. If practicable,
  correctional custody may not be required to be served in immediate
  association with persons awaiting trial or held in confinement
  pursuant to trial by courts-martial.
         [(d)     An officer in charge may impose on enlisted members
  assigned to the unit of which he is in charge those of the
  punishments authorized under Subsections (b)(2)(A)-(G) that the
  governor specifically prescribes by regulation].
         (e)  The governor, the adjutant general, an officer
  exercising general court-martial convening authority, or an
  officer of a general or flag rank in command may impose:
               (1)  on officers in the officer's command:
                     (A)  a reprimand; and
                     (B)  a fine equal to an amount that is not more
  than one month's pay; and
               (2)  on enlisted members in the officer's command, any
  punishment authorized under Subsection (d).
         (f)  The officer who imposes the punishment authorized in
  this section [Subsection (b)] or the officer's [his] successor in
  command may at any time suspend, set aside, reduce, or remit
  [probationally] any part or amount of the [unexecuted] punishment
  [imposed and may suspend probationally a reduction in grade or fine
  or forfeiture imposed under Subsection (b), whether or not
  executed. In addition, the officer may, at any time, remit or
  mitigate any part or amount of the unexecuted punishment imposed
  and may set aside in whole or in part the punishment, whether
  executed or unexecuted,] and restore all rights, privileges, and
  property affected. The [officer may also mitigate reduction in
  grade to fine or forfeiture or detention of pay. If mitigating
  arrest in quarters to restriction or extra duties to restriction,
  the] mitigated punishment may not be for a greater amount [period]
  than the punishment mitigated. When [If mitigating forfeiture of
  pay to detention of pay, the amount of the detention may not be
  greater than the amount of the forfeiture. If] mitigating
  reduction in grade to a fine, [forfeiture, or detention of pay,] the
  amount of the fine[, forfeiture, or detention] may not be greater
  than the amount that could have been imposed initially under this
  section by the officer who imposed the punishment mitigated.
         (g) [(f)]  A person punished under this section who
  considers the punishment unjust or disproportionate to the offense
  may, through the proper channel, appeal to the next superior
  authority not later than the 15th day after the date the punishment
  is either announced or sent to the accused, as the commanding
  officer determines [through the proper channel]. The appeal shall
  be promptly forwarded and decided, but the person punished may in
  the meantime be required to undergo the punishment adjudged. The
  superior authority may exercise the same powers with respect to the
  punishment imposed as may be exercised under Subsection (f) [(e)]
  by the officer who imposed the punishment. Before acting on an
  appeal from a punishment [of arrest in quarters for more than seven
  days, correctional custody for more than seven days, forfeiture of
  more than seven days' pay, reduction of one or more pay grades from
  the fourth or a higher pay grade, extra duties for more than 14
  days, restriction of more than 14 days' pay, or detention of more
  than 14 days' pay], the authority who is to act on the appeal may
  [shall] refer the case to a judge advocate [or legal officer of the
  state military forces] for consideration and advice[, and may
  similarly refer the case on appeal from a punishment imposed under
  Subsection (b)].
         (h) [(g)]  The imposition and enforcement of disciplinary
  punishment under this section for any [an] act or omission is not a
  bar to trial by court-martial or a civilian court of competent
  jurisdiction for a serious crime or offense growing out of the same
  act or omission and not properly punishable under this section, but
  the fact that a disciplinary punishment has been enforced may be
  shown by the accused on trial and, when shown, shall be considered
  in determining the measure of punishment to be adjudged in the event
  of a finding of guilty.
         (i)  Regulations [(h)  The governor by regulation] may
  prescribe the form of records to be kept of proceedings under this
  section and [may require] that certain categories of those
  proceedings shall be in writing.
         [(i)     A commanding officer may delegate authority to make a
  reduction in pay grade under Subsection (b)(2)(D) to the commanding
  officer's executive officer, chief of staff, or vice commander.]
         SECTION 4.  Section 432.031, Government Code, is amended to
  read as follows:
         Sec. 432.031.  COURTS-MARTIAL CLASSIFIED. The three kinds
  of courts-martial in each of the state military forces are:
               (1)  general court-martial, consisting of:
                     (A)  a military judge and not fewer than five
  members; or
                     (B)  only a military judge, if before the court is
  assembled the accused, knowing the identity of the military judge
  and after consultation with defense counsel, requests in writing a
  court composed only of a military judge and the military judge
  approves;
               (2)  special court-martial, consisting of:
                     (A)  [not fewer than three members; or
                     [(B)]  a military judge and not fewer than three
  members; or
                     (B) [(C)]  only a military judge, if one has been
  detailed to the court, and the accused under the same conditions as
  those prescribed in Subdivision (1)(B) requests; and
               (3)  summary court-martial, consisting of one officer,
  who must be a military judge or an attorney licensed to practice law
  in this state.
         SECTION 5.  Section 432.032, Government Code, is amended to
  read as follows:
         Sec. 432.032.  JURISDICTION OF COURT-MARTIAL IN GENERAL.
  Each force of the state military forces has court-martial
  jurisdiction over a member of the force who is subject to this
  chapter. The Texas Army National Guard and the Texas Air National
  Guard have court-martial jurisdiction over all enlisted members
  [all persons] subject to this chapter. The exercise of
  jurisdiction by one force over personnel of another force shall be
  in accordance with regulations prescribed by the governor.
         SECTION 6.  Section 432.033(a), Government Code, is amended
  to read as follows:
         (a)  Subject to Section 432.032, a general court-martial has
  jurisdiction to try a person subject to this chapter for any offense
  made punishable by this chapter and may, under limitations the
  governor prescribes, adjudge any of the following punishments:
               (1)  reprimand;
               (2)  forfeiture of pay and allowances;
               (3)  a fine of not more than $10,000;
               (4)  reduction of any enlisted member to any lower
  rank;
               (5)  [$1,000 or] confinement for not more than five
  years;
               (6)  [360 days;
               [(2)  forfeiture of pay and allowances;
               [(3)  reprimand;
               [(4)]  dismissal or bad conduct or dishonorable
  discharge[;
               [(5)     reduction of a noncommissioned officer to the
  ranks]; or
               (7) [(6)]  any combination of those punishments.
         SECTION 7.  Section 432.034, Government Code, is amended to
  read as follows:
         Sec. 432.034.  JURISDICTION OF SPECIAL COURT-MARTIAL. (a)
  Subject to Section 432.032, a special court-martial has
  jurisdiction to try a person subject to this chapter, except a
  commissioned officer, for any offense [for which he may be
  punished] under this chapter. A special court-martial has the same
  powers of punishment as a general court-martial, except that a
  special court-martial may not impose more than a $4,000 [$500] fine
  and [or] confinement of not more than one year [180 days] for a
  single offense.
         (b)  A dismissal or bad conduct [dishonorable] discharge may
  not be adjudged unless a complete record of the proceedings and
  testimony is made, counsel having the qualifications prescribed
  under Section 432.046(b) is detailed to represent the accused, and
  a military judge is detailed to the trial, except in a case in which
  a military judge cannot be detailed to the trial because of physical
  conditions or military exigencies. In a case in which a military
  judge is not detailed to the trial, the convening authority shall
  make a detailed written statement, to be appended to the record,
  stating the reason a military judge could not be detailed.
         SECTION 8.  Sections 432.035(a) and (c), Government Code,
  are amended to read as follows:
         (a)  Subject to Section 432.032, a summary court-martial has
  jurisdiction to try persons subject to this chapter, except
  officers, for any offense under [made punishable by] this chapter.
         (c)  A summary court-martial may sentence a person to pay a
  fine of not more than $1,000 and [$200 or] confinement for not more
  than 90 days for a single offense, to forfeit [forfeiture of] pay
  and allowances, and to reduction of a noncommissioned officer to
  any lower rank [the ranks].
         SECTION 9.  Section 432.042, Government Code, is amended to
  read as follows:
         Sec. 432.042.  WHO MAY CONVENE SPECIAL COURT-MARTIAL. In
  the state military forces not in federal service, any commander in
  the grade of O-5 [lieutenant colonel] or [in a] higher [grade] may
  convene a special court-martial.
         SECTION 10.  Section 432.043, Government Code, is amended to
  read as follows:
         Sec. 432.043.  WHO MAY CONVENE SUMMARY COURT-MARTIAL. In
  the state military forces not in federal service, any commander in
  the grade of O-4 [major] or [in a] higher [grade] may convene a
  summary court-martial.
         SECTION 11.  Sections 432.044(a), (c), and (d), Government
  Code, are amended to read as follows:
         (a)  Any [A] state commissioned officer in a duty status is
  eligible to serve on a court-martial [for the trial of a person who
  may lawfully be brought before the court for trial].
         (c)  An enlisted member of the state military forces in a
  duty status who is not a member of the same unit as the accused is
  eligible to serve on general and special courts-martial for the
  trial of an enlisted member of the state military forces who may
  lawfully be brought before the court for trial if, before the
  conclusion of a session called by the military judge under Section
  432.064(a) before trial or, in the absence of such a session, before
  the court is assembled for the trial of the accused, the accused
  personally has requested in writing that enlisted members serve on
  it. After such a request, the accused may not be tried by a general
  or special court-martial the membership of which does not include
  enlisted members in a number comprising at least one-third of the
  total membership of the court, unless eligible members cannot be
  obtained because of physical conditions or military exigencies. If
  a sufficient number of enlisted members cannot be obtained, the
  court may be convened and the trial held without them, but the
  convening authority shall make a detailed written statement, to be
  appended to the record, stating why they could not be obtained. In
  this subsection, "unit" means a regularly organized body of the
  state military forces not larger than a company, squadron, division
  of the naval militia, or body corresponding to a company, squadron,
  or division.
         (d)  When [If] it can be avoided, a person subject to this
  chapter may not be tried by a court-martial[, a member] of which any
  member is junior to the accused [him] in rank or grade. On
  convening a court-martial, the convening authority shall detail as
  members of the court-martial members of the state military forces
  that, in the convening authority's [his] opinion, are best
  qualified for the duty because of age, education, training,
  experience, length of service, and judicial temperament. A member
  of the state military forces is not eligible to serve as a member of
  a general or special court-martial if the member is the accuser, is
  [or] a witness, [for the prosecution] or has acted as investigating
  officer or counsel in the same case.
         SECTION 12.  Section 432.045(d), Government Code, is amended
  to read as follows:
         (d)  A person who is the accuser, is [or] a witness, [for the
  prosecution] or has acted as investigating officer or counsel in a
  case is not eligible to act as military judge in the same case.
         SECTION 13.  Section 432.046, Government Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  Trial counsel or defense counsel detailed for a
  general court-martial may not be under the supervision or command
  of the other counsel unless the accused and the prosecution
  expressly waive this restriction.
         SECTION 14.  Section 432.062(d), Government Code, is amended
  to read as follows:
         (d)  In the preparation of an effectiveness, fitness, or
  efficiency report, or another report or document used in whole or
  part for determining whether a member of the state military forces
  is qualified to be advanced in grade, in determining the assignment
  or transfer of a member of the state military forces, or in
  determining whether a member of the state military forces should be
  retained on duty, a person subject to this chapter may not:
               (1)  consider or evaluate the performance of duty of
  the member as a member of a court-martial or a witness in a
  court-martial; or
               (2)  give a less favorable rating or evaluation of a
  member of the state military forces because of the zeal with which
  the member, as counsel, represented an accused before a
  court-martial.
         SECTION 15.  Subchapter J, Chapter 432, Government Code, is
  amended by adding Section 432.1225 to read as follows:
         Sec. 432.1225.  PENAL CODE OFFENSES. A person subject to
  this chapter who commits an offense under the Penal Code is
  considered to violate this chapter and is subject to punishment
  under this chapter.
         SECTION 16.  Section 432.183, Government Code, is amended to
  read as follows:
         Sec. 432.183.  CHAPTER [SECTIONS] TO BE EXPLAINED. This
  chapter [Sections 432.002, 432.003, 432.011-432.017, 432.021,
  432.044, 432.046, 432.052, 432.062, 432.063, 432.091,
  432.121-432.167, and 432.183-432.185] shall be carefully explained
  to every enlisted member at the time of or not later than the 30th
  day after the date of the member's [his] enlistment, transfer, or
  induction into, or the member's [his] order to duty in or with, any
  of the state military forces. It [They] shall also be explained
  annually to each unit of the state military forces. A complete text
  of this chapter and of the regulations prescribed by the governor
  under this chapter shall be made available to any member of the
  state military forces, on the member's [his] request, for the
  member's [his] personal examination.
         SECTION 17.  Section 432.190(b), Government Code, is amended
  to read as follows:
         (b)  A fine or forfeiture imposed by nonjudicial punishment
  or a special or summary court-martial shall be paid to the officer
  imposing nonjudicial punishment or ordering the court or to the
  officer commanding at that time. The officer, not later than the
  fifth day after the date of the payment's receipt, shall place it to
  the credit of the military unit fund of the unit of which the person
  fined was a member when the fine was imposed.
         SECTION 18.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  For purposes of this section, an offense is committed before the
  effective date of this Act if any element of the offense occurs
  before the effective date. An offense committed before the
  effective date of this Act is covered by the law in effect when the
  offense was committed, and the former law is continued in effect for
  that purpose.
         SECTION 19.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2417 was passed by the House on May
  13, 2011, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2417 was passed by the Senate on May
  21, 2011, by the following vote:  Yeas 31, Nays 0
  .
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor